EFF's statement:
A fight over unmasking an anonymous Reddit commenter has turned into a significant win for online speech and fair use. A federal court has affirmed the right to share copyrighted material for criticism and commentary, and shot down arguments that Internet users from outside the United States can’t ever rely on First Amendment protections for anonymous speech.
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But we disagree with the court’s final decision: to order limited disclosure so that Watch Tower might attempt to shore up its copyright claim. While the court agreed that “Watch Tower has not demonstrated any actual harm or likelihood of future harm”—the fourth fair use factor—it gave undue credence Watch Tower’s claim that “the harm it suffered from people infringing on its copyrights was directing others away from its website.” Based on the theory that “[p]erhaps Watch Tower, if provided the opportunity, could demonstrate that fewer people visited its website after Darkspilver’s posting,” the court decided to allow Watch Tower’s counsel access to Darkpsilver’s identifying information.
Based on the court’s approach, the Doe standard offers weak protections for fair users. Even a far-fetched theory regarding a particular fair use factor, like the one posited here, might be enough to justify disclosure even if the rest of the fair use analysis clearly suggests the use was lawful. That said, the disclosure is subject to strict limits. Reddit may disclose it only to Watch Tower’s counsel of record, and that counsel is prohibited from sharing that information with anyone else—including the client—without a separate court order. In addition, the court explicitly “admonished that any violation of this Order will be sanctioned.”
This case touches on a lot of EFF’s most important issues, and it’s a prime example of how intellectual property, free speech, and privacy can intersect in complicated ways, making it hard for people to speak out about controversial issues. We are considering next steps. But in the meantime, we are also celebrating a crucial win for the First Amendment and access to anonymous speech for Internet users everywhere.
Full statement: https://www.eff.org/deeplinks/2019/05/reddit-commenters-fight-anonynmity-win-free-speech-and-fair-use